WVC 31 D- 16 -1604
§31D-16-1604. Court-ordered inspection.
(a) If a corporation does not allow a shareholder who complies
with subsection (a), section one thousand six hundred two of this
article to inspect and copy any records required by that subsection
to be available for inspection, the circuit court may summarily
order inspection and copying of the records demanded at the
corporation's expense upon application of the shareholder.

(b) If a corporation does not within a reasonable time allow
a shareholder to inspect and copy any other record, the shareholder
who complies with subsections (b) and (c), section one thousand six
hundred two of this article may apply to the circuit court for an
order to permit inspection and copying of the records demanded.
The circuit court shall dispose of an application under this
subsection on an expedited basis.

(c) If the circuit court orders inspection and copying of the
records demanded, it shall also order the corporation to pay the
shareholder's costs, including reasonable counsel fees, incurred to
obtain the order unless the corporation proves that it refused
inspection in good faith because it had a reasonable basis for
doubt about the right of the shareholder to inspect the records
demanded.

(d) If the circuit court orders inspection and copying of the
records demanded, it may impose reasonable restrictions on the use
or distribution of the records by the demanding shareholder.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.